MALA SHUKAL Vs. VIJAY KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and decree dated 28.07.2010, passed by learned Additional District Judge, Court No.1, Sultanpur, in Regular Suit No.6 of 2008, by which the suit for divorce filed by respondent/husband has been decreed.

(2.) Brief facts of the case are that admittedly the respondent was married to Gyan Suman Shukla who died issue-less due to cancer on 30.06.2002. The couple has adopted a son in the year 1988 who is studying and and he was being looked after by the mother of the respondent Sheela Shukla. The father of the respondent died in the year 1996 due to cardiac attack in the District Hospital Sultanpur; the respondent married with the appellant who was posted as Principal in the Air Force School, Bamharauli, Allahabad and was unmarried. Though there was difference of caste between the parties, yet the marriage was solemnized, which was boycotted by the relations of the appellant. Due to marriage, the appellant left her job on 1.4.2003 and started living with the respondent. She has shifted her household but immediately after marriage, the wife started treating with her husband in a cruel manner; at the time of marriage the age of the adopted son of the respondent was 15 years. The appellant did not take care of the adopted son; due to medical profession the respondent was receiving telephonic calls 2-4 times per day which was causing irritation to the respondent; the respondent has provided a mobile telephone to his wife but she did not permit its use to the respondent; the appellant was indulging in abnormal activities by leaving the house in the absence of her husband and by standing on the gate and waiting for the postman. In the year 2003, the appellant separated herself and started living in a closed room and did not use to open it in spite of knocking it by the husband, which was causing tension to the husband and his family members; there was no sexual relationship between the parties which could begin only on 29.4.2004. The appellant demanded ornaments worth Rs.70,000/- and on denial the appellant refused sex. Compelled by the situations, the husband got a house constructed after purchasing a land but before it could be finished the appellant started living in a rented house since August, 2006 and used to come to live in the house of the respondent only in the night on the first floor room and used to live after locking it from inside. The appellant stopped taking food with family members of the husband and whenever she felt hungry she used to cook food at 12.00 O' clock in the night and 2-3 O' clock in the night and very often used to take food, outside. All these abnormal activities were having demoralizing effect in the vicinity of the respondent/husband. Due to all these circumstances a petition under Section 13 of Hindu Marriage Act was presented by the husband which was contested by the appellant. It was also alleged that the appellant has exhibited her to be an unmarried lady but later on it was revealed that she was maried with one S.K. Srivastava and a female baby was born on 30.09.1993 in Kamla Nehru Memorial Hospital, Allahabad who is being maintained by the appellant herself. Not only this, mother of the appellant has died on 17.02.2007 but she did not attend to her funeral; the appellant was working in Reewa from where she left her job and surreptitiously joined in Airforce School, Bamhrauli for a short period and due to her misconduct she was dismissed. Later on she served in the Sainik School, Faizabad for two years and developed illicit relationship with some army officer whose wife has ultimately committed suicide and due to this episode she was dismissed from Sainik School, Faizabad. All pleas taken in the plaint were contested by the appellant through written statement in which it was pleaded inter alia that the family members of the respondent was not accepting her as wife of respondent. Mother in law used to quarrel and trifle and she was forbidden to enter into the kitchen; mother and younger brother of Gyan Suman Shukla polluted the brain of the minor child who became indifferent with the appellant. He stopped taking food prepared by the appellant and started taking junk food and in result he became diabetic in the minor age of 20 years; the respondent has also realized that the appellant could not live in his house due to indifferent attitude of his family members and, as such, he proposed to get a flat constructed in Vinovapuri Mohalla and the respondent is residing in that house, at present; the appellant being deserted by the respondent has again joined her earlier job style and is working as Principal in St. Zaviar's High School, Sultanpur from 29.10.2007. She has denied to have taken any maternity leave while working in Reewa Sainik School. She has denied to have got married with Sri S.K. Srivastava earlier and she has also denied to have given birth to a female baby and she does not know any person by the name of Sri S.K. Srivastava. Entire pleadings of the parties shows that there has been irretrievable break down of marriage. Both the parties have reiterated the pleas taken in their pleadings in their statements as PW-1 and DW-1. Respondent, being petitioner has also examined five other witnesses and has filed documentary evidence. Learned Trial Court has framed issue no.1, 2 and 5 and has decided issue no.1 and 5 together by common discussion. Learned Trial Court has rightly discussed the evidence led by the parties and has reached to the correct conclusion. The petitioner who is respondent before this Court has got success in proving cruelty as ground for divorce and has rightly decreed the petition for divorce.

(3.) Heard learned counsel for the parties and perused the records.